Here’s why government plans for longer tenancies don’t go far enough

Rental property in London. Image: Getty.

When the modern private rental market was devised as part of the 1988 Housing Act, flexibility was the theme. If a landlord decided they no longer wanted to be a landlord, then they could use Section 21 of the Act to evict their tenants with two months’ notice, with no reason necessary, and cash in their investment.

In theory, this was balanced by flexibility for the tenant too – they could move out with minimal notice as well. But the Act failed to acknowledge the enormous power imbalance between landlord and tenant. If your tenant ends the tenancy, your business now needs to find a new customer. If your landlord ends the tenancy, you need to find a new home.

According to the latest English Housing Survey, 271,000 private renter households were asked to leave by their landlord in the past three years.

Whether we make the decision or not, moving house fills few of us with joy. Some landlords abuse our reluctance to attend a dispiriting series of flat viewings, then pack everything we own into boxes and haul them across town, by evicting tenants who make a fuss. The threat of a retaliatory eviction discourages tenants from complaining and results in a tenure where the EHS found 28 per cent of homes failed decency tests.

The power imbalance is so wide that when the Conservatives stopped thinking of housing simply in terms of home ownership and started making moves to improve renting, revenge evictions were the first thing they agreed to outlaw.

But the protections for tenants under the resulting Deregulation Act 2015 came with heavy caveats. First, the landlord must be doing something illegal – namely letting out a property which contains serious hazards. Second, the local council must serve an improvement notice on the landlord before the tenant gets protection from a no-fault eviction. Third, that protection lapses after six months. Finally, a landlord can get around all of that by just putting the rent up so high the tenant is forced to move.

Now it appears that few tenants are getting the protection they’re entitled to. We looked at Freedom of Information data gathered from the 100 councils with the largest private renter populations – approximately two-thirds of the total in England – and published our findings last month.

Of the 72 councils that recorded “Category 1” hazards in 2016-17 (28 didn’t), a total of 12,962 were found. Yet the councils only took appropriate enforcement action in 2366 cases – meaning that just 18 per cent of tenants had protection from a revenge eviction. Only eight councils in total issued as many improvement notices as hazards they identified. And just four councils recorded cases where a Section 21 eviction notice was served on tenants who’d complained.


It is no secret that local councils are strapped for cash, which might explain why there is so much poor practice. But tenants should not have to live in the right town to have the confidence to complain. A flaky, fiddly and temporary system of protection is not enough to deliver safe and secure homes.

That is one of many reasons why Generation Rent is campaigning alongside the London Renters Union, ACORN and the New Economics Foundation to abolish Section 21.

Last week the government published its long-awaited consultation on longer tenancies. It proposes to replace the 1988 model with three-year tenancies, retaining the ability of the tenant to move out after six months. But the government has undermined this progress by letting amateur landlords keep their flexibility, allowing them to take back a property in the three years if they want to sell or move back in. According to last year’s EHS, 63 per cent of private sector evictions take place for these reasons.

A three-year tenancy with limited grounds for eviction should at least give tenants greater confidence to complain. But that’s not enough. They should also have the knowledge that, so long as they meet their legal obligations, the home is theirs. If landlords can evict a blameless tenant, the rental market will keep failing to provide the certainty we associate with home.

Ending Section 21 would still allow evictions if a tenant breaks the contract. If a landlord wants to sell, that’s fine, but they should sell to another landlord, with the tenants staying put – or to the tenants themselves. If they want somewhere to live, they can rent.

The government’s consultation is a huge opportunity to make renting a genuine alternative to owner occupation. The EHS reports that 2.7m private renter households expect to buy eventually – yet fewer than 1m have more than £5000 in savings towards a deposit. That leaves a lot of people who will be denied the stability they crave for years to come. By abolishing Section 21 the government would give renters a stable home now.

Dan Wilson Craw is director of Generation Rent.

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The media scumbag’s route of choice: A personal history of London’s C2 bus

A C2 bus at Parliament Hill. Image: David Howard/Wikimedia Commons.

London’s C2 bus route, which runs from Parliament Hill, by Hampstead Heath, down to Conduit Street, just off Regent Street, is one of the bus routes recently earmarked for the chop. It has oft been noted that, of all the routes recently pencilled in for cancellation after a consultation late last year, it was the one most likely to survive, for the simple reason that it links liberal suburban north London with BBC Broadcasting House and Soho; it’s thus the route most likely to be used by people who can convince someone to let them report on its imminent demise.

So it would come as no surprise that former Guardian editor Alan Rusbridger took to the Camden New Journal when the consultation began, arguing that it would be a disservice to the local community to discontinue a route where you can always get a seat – seemingly missing the point that the fact you can always get a seat is not a great sign of the route’s usefulness.

It wasn’t always that way. When I left university in 2000, and moved from accommodation near college to up to a rented shared house in N6, the C2 was my bus. I commuted to Soho for sixteen years: for more than a decade from flats around the Swain’s Lane roundabout, and for five years from Kentish Town. While my place of work bounced around from Golden Square to Lexington Street to Great Marlborough, it was always the most convenient way to get to, and from, work; especially given the difference between bus and tube prices.

So when it comes to the C2 I’ve seen it, I’ve done it, and bought the bus pass. And by bus pass, I mean those little paper ones that still existed at the beginning of this century. Not just before contactless, but before Oyster cards.

More importantly, it was before London buses operated a single zone. There was an outer zone, and an inner zone, with different prices. To travel from one zone to another cost £1.30, meaning an all cash commute was £2.60, whereas a paper bus pass was £2.00. That made it worth your while to divert to an early opening newsagents on your way to the bus stop (GK, in my case), even if you only got two buses a day.

It’s a measure of how greatly London’s buses have improved over the last twenty years, since first brought under control of the mayoralty, that pretty much everything about this anecdotage, including the prices, seems faintly mad. But there’s more: back when I started getting that bus down to Stop N, literally at the very end of the route, the C2 used single decker buses with a single door. It’s an appalling design for use in a crowded city, which meant most of any journey was, for most passengers, spent fighting your way up and down the middle of the bus to find a seat, and then back again to get off; or – and this was more likely – fighting your way up the bus to get into standing space the driver insisted was there, before fighting your way, etc.

Such buses – and in my former life in the English Midlands I went to school on one of these buses every day – are perfectly functional where bus stops are infrequent and buses rarely standing room only. But running through Camden Town at rush hour, they’re wholly unfit for purpose.

A Citypacer. Image: RXUYDC/Wikimedia Commons.

It could have been worse. I didn’t know this at the time, but a few years before the C2 route had been run using Optare City Pacers. Those are, let us be frank, not really buses at all, but minibuses. That’s something the reveals the C2’s origins, as a hopper route to the west end largely intended for the daytime use of Gospel Oak’s pensioners in the years immediately before bus privatisation. (The C11 has a similar origin, taking the same constituency from Archway to England’s Lane.)

Once responsibility for London Buses was moved to the newly established mayoralty, things improved dramatically. Under Ken Livingstone it went double decker in 2005, and 24 hour in 2007. Under Boris Johnson it was extended from its once, and future, terminus of Conduit Street to Victoria Station, swallowing up the cancelled sections of the 8 bus; this extension was quietly disposed of a few years later, once it was clear no one would notice. (I did.)


In those years I must have taken a C2 the best part of ten thousand times; but for all the years when I wouldn’t have been able to live without the C2, times have reduced its utility, and not just for me. I’m now a 214 sort of guy: these days the top chunk of the C2 route is duplicated exactly by that other bus, which starts up in Highgate Village and, once it gets to Swain’s Lane, follows the same path until the fork of Kentish Town Road and Royal College Street, opposite the long defunct South Kentish Town tube station.

From a few hundred metres below that point, at Camden Gardens, stop C, the 88 starts. That duplicates the rest of the C2’s route, with the exception of the run down Albany Street and onto Great Portland, for much of which the C2 is the only bus.

So the C2, old friend that it is, is pretty redundant in the age of the hopper fare, which allows you to change buses without paying a second fare. That’s even more true now the C2’s otherwise un-serviced stops are being giving over to a re-routed 88, which will pick up the C2’s most northern leg, by not finishing at Camden Gardens anymore and instead going all the way to Parliament Hill Fields. Which will be nice for it.

All this, however, ignores the best reason for getting rid of the C2 (or rather for merging it with the 88, which is what’s actually happening): that first character. The letter. Who wants a bus route with a letter in front of it when even half the night buses don’t have the N anymore? It’s relic of the route’s aforementioned origins as a ‘Camdenhopper’.

That C is twenty five years past its own utility. It’s just untidy. City Metric hates that sort of thing. Get rid.